Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-05-19

ana Interests while the general law was he.
~, ,nR es'aphshed, for the very obvious reason
sna' u would DC quite Impossible TO intro.
uuce considerable changes 10 branch OF
Jaw whlen concerns so intimately the com.
m'ice Oh INC country without serious con-
1 sequences 70 some private interest. In all
such cases incidental injuries are neces-
sari'y borne for the general good. and " the
legislature mtsiudges as 10 what the general
| good demands II Is 10 be expected tina, IN
| que ume Vt VIII provide the remedy.
| Judge Cooley then calls attention 10 the
itct tbat The first question 10 confront the
commission after ITS organization was riiSed
under The fourth section OF the act. 40.
peals were made from all parts Of the coun.
Try for relief from the operation OF this
section on the ground that It's enforcement
would cause serious injury to private and
corporate interests, and even In some cases
would result in destruction or bankruptcy.
Z" In many cases." says Cooley. " the ap-
| peals seemed 10 be made In the belief that
probability OF injury was OF itself SUN
cient TO warrant for the commission to in
ioricre and grant n relieving order. II Is
scarcely nec6 ssary 10 say that any such belief
is without legal support. The probability
of even certainty that injury 30 corpora.
lions or individuals will result Is not by it.
sell under the act any ground for suspen.
sion anywhere Of It's ordinary operations"
After showing that tue power given TO
the commission to grant relief from the OPP
erai on OF the fourth section was limited TO
cases exceptional in their nature, and was
not meant 10 include all cases where the
fourth section would work injury, Judge
Cooley saws that the commission was early
confronted by another questi0n-namely,
Whether railroads might determine for
themselves. but az their peril, whether in
any particular case the circumstances aud
conditions were so far different rs to justify
greater charge for a shorter haul, or
whether, on the other hand, IL was onlS
upon and in view Of such different cir
cuBslances and conditions that the com
mission was empowered to act. Before
deciding questions Judge Cooler says the
commission felt Itself justified, if'nOt com
PEELED, TO look beyond the record, and TO
seek such aid IN the construction as might
DE derived from the study OF the condition
Of things pertaining. 10 the transportation
Of persons and property. which Congress
by The act had undertaken 10 deal with.
such an investigation necessarily involved
giving hearing TO interested parties, and
consequently required time. The commits
sion. however, deemed il wise to grant
some temporary orders on an iyestigatiOn
rot as complete as it expected finally
10 make. This was done IN the
belief that no considerable mis-
chief could follow from allowing the
existing condition OF things 10 remain
fer brief period whether il was then SUI
fercd 10 stand or not, and that harmful re-
suits from the sudden change in the law
might thereby 10 some extent be aveTted.
Ills course al.O gave the commissioners
such IN opportunity for careful study OF |
the system which Congress undertook TO |
ICfOIm rs would otherwise have been want |
ing. The commission therefore deemed |
Itself fully justified in granting orders OF |
temporary suspension in some OF the most |
obvious eases, and where special grounds |
for urgency were shown without first |
making the investigation complete for |
dnal action, leaving other cases not |
thought 10 be so strong on the Affirmative |
showing 10 take more deliberate |
course. This method Of proceeding the |
commission at the time believed had i'm. |
portant advantages, and 1t stll believes |
viii cOnducc 10 the best results ia the end.
You speak strongly and earnestly OF rea-
sons for granting your application, but in
order to warrant its being granted It is not |
enough that The application, If considered |
10y Itself, appears to have merits. The
commission must consider in each case
what effect the giving OF relief to one ap- |
plicant will have upon other interests, and
your knowledge OF railroad matters must |
enable you to perceive hat in some sections
OF the country the granting Of one ap.
picgtion may 50 affect the interests Of
Other roads as 10 create necessity |
for like relief 10 several more, the sati,iac.
ton Of one complaint Dcgctting Others
which are equally meiiiorouS. until IL all
aIc satisfied the exception becomes the
rule; but when such result is probable
the reasons for declining TO make any tenn
pOraTy order are very conclusive. The |
commission cannot consent deliberately 10
enter upon the highway, where, TO all ap.
pcarance, there will be no batting place
within the limits ei its lawful jurisdiction.
II a general suspension OF the lOng-and-
short-haul clause OF the statute is not TO
be made by a single comprehensive or
Ger, neither should the same result
De reached or approached by the granting
OF successive orders in individual cases.
In whatever the commission may do il
must keep in view the preservation Of the
general rule. II Is not our purpose in this
communication 10 express any opinion rs
to what ought to he the final conclusion
upon your application. The commission is
not yet prepared to give its decision, aud the
purpose OF this answer TO your telegram is
merely TO place before you some OF the rea-
son, which up to this time have precluded
definite action.